Skip to content
Guides · Denial

ICU and long-stay denials: how to protect every per diem

Per diems, stay extensions and length-of-stay justification. Learn why ICU and long-stay denials are so frequent in Brazilian hospitals, which TUSS table 38 codes health plans use, what the medical record must prove, and how concurrent review and interim billing reduce losses.

By Published on 10 min read

Why do the ICU and long stays concentrate denials?

Long stays concentrate denial (claim denial, total or partial) because they combine three risks that grow every day: more per diems to authorize, more items to justify and more time before the claim is sent. In the ICU, each per diem usually costs more, and the health plan (operadora, the private health insurer) often questions whether the patient still needs intensive care.

For scale: the average length of stay at Anahp hospitals was 3.76 days in 2025 [2]. A three-week stay is therefore far above the benchmark. That alone is not a reason for denial, but it draws the health plan's auditors. More sector indicators are in Industry data.

The causes repeat: per diems beyond the authorized period, progress notes that do not show why the patient remains in the ICU, per diem counts that do not match the recorded dates, and claims assembled only after discharge.

ICU denials are a special case of hospital claim denials: the general rules on contracts, deadlines and appeals apply, and what changes is the proof required for each day of the stay.

The length-of-stay and ICU denial codes

The health plan reports the reason for each denial in the claim review statement, using a message from table 38 of TUSS (Terminologia Unificada da Saúde Suplementar, the unified code set for Brazil's private health sector). Knowing the length-of-stay messages helps prevent denials at the source and build the appeal with the right proof [5].

TUSS 38 codeMessage (summary)What usually triggers itProof that prevents it or supports the appeal
1903Length of stay inconsistent with clinical progressBrief or copy-paste notes, no treatment planDaily notes with condition, management and reason to stay
1904Length of stay inconsistent with the authorized procedureDays beyond what was expected for the authorized procedureExtension request describing the complication
1911Hospital stay for unjustified investigation (effective 12/01/2025)Stay kept only for tests that could be outpatientClinical reason to investigate as an inpatient
3194Item inconsistent with the diagnosis or clinical progress (effective 12/01/2025)Stable patient, no intensive support documentedRecord of ongoing support (ventilation, vasoactive drugs, monitoring) and ICU discharge criteria
1910Per diems for different accommodations on the same day (effective 12/01/2025)ICU and another unit's per diem billed on the transfer day, or a count that does not match admission, transfer and discharge datesDates and times checked before submission
1917No extension for the number of per diems billed (effective 12/01/2025)Extension not requested or deniedExtension form with authorization number and authorized period
3188Care item billed during an unauthorized stay (effective 12/01/2025)Supplies and drugs on days with no extensionAuthorized extension covering the period
3189Care item quantity inconsistent with the length of stay (effective 12/01/2025)Consumption above what is expected for the recorded daysDaily orders and nursing administration records

The key point: denying an unauthorized per diem drags down what was used that day, through messages 3188 (item during an unauthorized stay) and 3189 (item quantity inconsistent with the length of stay) [5]. The full list is in the guide TISS denial codes, and per diem composition rules are in Daily rate and fee denials.

What does the law guarantee in a long stay?

The law guarantees coverage of inpatient care with no time limit; the contract defines how each day is authorized and billed. Article 12, II, “a” and “b” of Lei 9.656/1998 forbids limiting inpatient stays and stays in an intensive care unit or similar by time, maximum amount or quantity, with ICU care at the attending physician's discretion [3]. Brazil's Superior Court of Justice (STJ) held in Súmula 302 (a binding summary of case law) that a health plan clause limiting the length of an inpatient stay is abusive [11].

That does not stop the health plan from auditing. RN 503/2022 (Normative Resolution 503/2022) of ANS, Brazil's National Agency for Supplementary Health (the private health plan regulator), requires the hospital–health plan contract to set the audit routine, the grounds for denial and the deadlines to appeal, to respond and to pay after a reversal [7]. The same contract must identify which procedures need authorization [7].

In practice, each period must be authorized under the contract and justified in the medical record. Coverage at the start of the stay is covered in the guide Prior authorization.

Extensions: the right form, before the authorization expires

An extension is the formal request to continue the stay beyond the authorized period. TISS (Troca de Informações na Saúde Suplementar, Brazil's mandatory health data exchange standard) has a dedicated form for this, which carries the number of the original admission request [4]. The inpatient summary, which bills the stay, also references that request [4].

Under TISS, electronic authorization is optional, while admission and discharge notices are mandatory [4]. The channel and how often reports are due vary by health plan and should be in the contract.

QuestionWhere the answer isRisk if nobody answers it
How many days does the admission authorization cover?The health plan's reply to the requestPer diems billed beyond the authorization (1917)
How far ahead should the extension be requested?Contract or health plan provider manualRequest made after expiration
Which report goes with the request, and how often?Contract or health plan provider manualExtension denied for lack of justification
What is the health plan's response deadline?Contract, under RN 503/2022 [7]Patient stays without defined coverage

The practical rule is to request the extension before the authorized period ends, with an updated clinical report, and to record the protocol number. The step-by-step is in the guide Inpatient stay extension.

What must the medical record prove to justify the stay?

The medical record must prove, day by day, why the patient cannot be discharged or leave the ICU. Resolution 1.638/2002 of the CFM (Federal Council of Medicine) lists daily progress notes, with date and time, signature and medical license number, among the mandatory items of the record [10]. A note that only repeats “patient stable, same plan” does not support an ICU per diem.

A progress note that survives the audit usually answers four questions:

  1. What is the condition today? Vital signs, tests and changes from the previous day.
  2. What intensive support is ongoing? Mechanical ventilation, vasoactive drugs, dialysis, invasive monitoring or other support that requires the bed.
  3. What prevents discharge or transfer? An objective clinical criterion, not an undocumented “waiting for a bed”.
  4. What is the plan? Treatment goal and next reassessment.

Nursing completes the proof with administration records for each ordered item and the times in each unit. A stay for non-clinical reasons, such as waiting for a bed, should be recorded as such and handled under the contract. The guide Medical record audit details what each professional must document.

Concurrent review: auditing the claim while the patient is still in the hospital

Concurrent review is the audit done during the stay, not after discharge. In a long stay, it is the front that most reduces denials, because it fixes documentation and authorization gaps while there is still time.

CFM Resolution 2.448/2025, which revoked Resolution 1.614/2001, lists among the physician auditor's rights the audit during the stay and on-site access to the medical record, without removing it or making copies (art. 10) [8]. That article is not among those marked as suspended by a court decision in the official text checked on 10/17/2026 [8]. For nursing, Resolution 720/2023 of Cofen (Federal Nursing Council) limits the nurse auditor's access to the facility's premises during concurrent or retrospective review [9].

Inside the hospital, internal concurrent review follows a daily routine:

Daily checkOwnerDenial it prevents
Authorized period vs. days in the hospital so farBilling or authorization center1904, 1917, 3188
Physician notes with condition, support and planInternal physician audit1903, 1911, 3194
Dates and times of admission, transfer and exit from each unitNursing and billing1910, 3189
Items ordered vs. administered vs. posted to the claimInternal nursing audit3189 and supply and drug messages
Open items with the health plan auditor (visit, report, opinion)Billing coordinationClinical denial at closing

The differences between review types are in the guide Prospective, concurrent and retrospective review.

How daily control of a long stay works

Daily control brings the three fronts together in a cycle that repeats until discharge:

In a long stay, denials are prevented every day, before the authorization expires Diagram of the daily control cycle for a long hospital stay. Step 1: check the authorized period and the days left until the authorization number expires. Step 2: review the day's progress notes and items (concurrent review). Step 3: request the stay extension before it expires, with a clinical report. Step 4: close the interim bill for the period set in the contract. Steps 1 to 4 repeat every day until discharge. Step 5: at discharge, close the final bill with the dates checked. Source: ANS, TISS standard, Organizational Component 202609; TUSS tables 38 and 55. In a long stay, denials are prevented every day, before the authorization expires Daily control cycle until discharge: authorized period, concurrent review, extension request and interim bill 1 Check the authorized period and the days left until it expires 2 Review the day's progress notes and items (concurrent review) 3 Request the extension before it expires, with a clinical report 4 Close the interim bill for the period set in the contract Repeats every day until discharge 5 At discharge: final bill with dates checked Source: ANS — TISS standard, Organizational Component 202609 (extension form); TUSS tables 38 and 55. Produced by Accrua.
Daily control cycle for a long hospital stay: steps 1 to 4 repeat until discharge. Source: ANS — TISS standard, Organizational Component 202609 (extension form); TUSS tables 38 and 55. Produced by Accrua.
See the steps as a table
StepWhat to doDenial it prevents
1. Check the periodAuthorized period and days left until the authorization number expires1904, 1917
2. Review notes and itemsConcurrent review of the day1903, 1911, 1912, 3189
3. Request the extensionBefore it expires, with a clinical report1917, 3188
4. Close the interim billFor the period set in the contract1914 (cut-off dates)
5. At discharge: final billWith dates and times checked1914
  1. Check the authorized period and how many days are left before the authorization number expires.
  2. Review the day's notes and items (concurrent review).
  3. Request the extension before it expires, with a clinical report, and record the protocol number.
  4. Close the interim bill when the contracted period ends.
  5. At discharge, close the final bill, with the dates checked.

When should a hospital send an interim bill?

An interim bill charges one period of the stay while the patient is still in the hospital. TUSS table 55 (billing type) has four options: partial, final, supplementary and total [6]. How often an interim bill is sent, however, is not set by ANS: it depends on the contract, which under Lei 9.656/1998 must set billing and payment deadlines and procedures [3].

In a long stay, interim billing shortens the review, brings forward the denial of one period (which helps fix the next ones) and avoids carrying weeks of unbilled cost.

The risk lies in the handoff between bills, with duplicated or missing per diems: each interim bill should close with a clear cut-off date and time. The guide Interim billing details the workflow.

What we see in operations

At Accrua, long stays are followed while the patient is still in the hospital, not only after discharge. Accrua OS reads the open claim: daily charges posted, authorization number and extension validity, clinical progress notes that justify the ICU stay. Each day is checked against the contract, the authorization rule and that health plan's denial history for daily rates and length of stay.

When a day's progress note is missing or an extension is about to expire, the task goes to whoever can solve it, with the source shown. In our managed operation, auditors with nursing backgrounds check whether the clinical record supports each daily charge, because that is what the health plan will ask.

For long stays, we work with the hospital on when to bill an interim claim, as the contract allows. And because the ICU concentrates value and time, Receita Garantida can put the value of eligible production into the hospital's account when it needs it.

Where to start

  1. List current stays longer than seven days and check, for each one, the authorized period and the date the authorization expires.
  2. Gather each health plan's extension rules (lead time, report, frequency) and make them visible to the team.
  3. Set up a daily review of progress notes for ICU stays, using the four questions in this guide.
  4. Track denials by length-of-stay code (1903, 1904, 1910, 1911, 1917, 3188, 3189) over the last 12 months, by health plan.
  5. Negotiate interim billing frequency in contracts that do not yet provide for it.

Frequently asked questions about ICU denials in Brazil

Why do health plans deny ICU per diems?

Usually because of per diems beyond the authorized period with no extension, or progress notes that do not justify intensive care. TUSS table 38 has specific messages for this, such as 1903 and 1917.

Can a Brazilian health plan limit the number of ICU days?

No. Lei 9.656/1998 forbids limiting intensive care stays by time, amount or quantity, at the attending physician's discretion, and STJ Súmula 302 treats a clause limiting the length of a stay as abusive. The health plan can still audit and require an extension under the contract.

How do you request an inpatient stay extension?

With the TISS form for inpatient stay extension or treatment supplement, carrying the number of the original admission request and an updated clinical report. The deadline and channel follow each health plan's contract.

What should the length-of-stay justification say?

The day's condition, the ongoing intensive support, what prevents discharge or transfer, and the treatment plan. CFM Resolution 1.638/2002 requires daily notes with date, time, signature and medical license number.

Can a denied per diem be recovered on appeal?

Yes, when the medical record proves clinical need or the extension was authorized. The appeal follows the contract deadline and goes through the TISS standard. See the guide Denial appeals.

Can the hospital bill a stay before discharge?

Yes, through an interim bill, when the contract allows it. TUSS table 55 includes the partial billing type, and the frequency is agreed between the hospital and the health plan.

Sources

  1. Anahp — Observatório Anahp 2025 (Anahp Observatory 2025), data for 2024, Table 3: gross revenue by type.
  2. Anahp — Balanço Observatório Anahp (Anahp Observatory Report), 9th edition, March 2026 (data for 2025): average length of stay.
  3. Lei nº 9.656/1998 (Health Plans Act), art. 12, II, “a” and “b”, and art. 17-A, § 2 (consolidated text).
  4. ANS — Padrão TISS: Componente Organizacional, versão 202609 (TISS standard: Organizational Component, version 202609), September 2026, items 33, 34, 62.16, 62.23 and 62.24.
  5. ANS — Terminologia TUSS, tabela 38 (TUSS terminology, table 38: messages), OCL platform, accessed October 17, 2026, length-of-stay and extension terms; codes checked against TUSS version 202607 (official ANS spreadsheet).
  6. ANS — Terminologia TUSS, tabela 55 (TUSS terminology, table 55: billing type), OCL platform, accessed October 17, 2026; checked against TUSS version 202607 (official ANS spreadsheet).
  7. ANS — Resolução Normativa nº 503/2022 (Normative Resolution 503/2022), arts. 5, 14 and 15.
  8. CFM — Resolução nº 2.448/2025 (Resolution 2.448/2025 on medical auditing), Official Gazette of November 4, 2025, art. 10 and header listing suspended articles.
  9. Cofen — Resolução nº 720/2023 (Resolution 720/2023 on nursing auditing), annex, item VI.
  10. CFM — Resolução nº 1.638/2002 (Resolution 1.638/2002 on medical records), art. 5.
  11. STJ — Súmula 302 (Summary 302), Second Section, October 18, 2004 (DJ November 22, 2004).